Officer loses civil rights appeal

The Appeals Court has reinstated a $1 million default judgment against the city of Springfield, its police department and an officer who allegedly used excessive force against plaintiffs in their family-owned convenience store.

The officer had been granted relief from the judgment on the ground that he was not served with process at his last known residence.

But the Appeals Court reversed that decision, finding that the officer had actual notice of the complaint well in advance of the entry of the default judgment.

“[Defendant Ronald] Boykan had at all material times adequate notice of the complaint and a meaningful opportunity to be heard in answer to the claims raised,” Judge Frederick L. Brown stated for a unanimous court.

The Appeals Court evidently was unimpressed with the fact the only disciplinary action the police department took against the officer was requiring him to attend remedial classroom training.

“The city failed to teach by positive example and instead with its police officer bred contempt in its citizenry for agents of law enforcement,” Brown commented.